Ex Nihilo Innovo Pty Ltd trading as Innovo Healthcare
TRADING TERMS AND CONDITIONS
All goods and services are provided by Ex Nihilo Innovo Pty Ltd trading as Innovo Healthcare strictly on the basis of these Terms and Conditions and these conditions alone constitute the terms of any contract between Innovo Healthcare and our Customers. By requesting or ordering any goods or services to be provided by Innovo Healthcare you are regarded as having accepted our Terms and Conditions as the sole terms of the contract between you and Innovo Healthcare as Innovo Healthcare offers to provide goods and services only on the basis of these Terms and Conditions.
Although it is not possible to reproduce our standard Terms and Conditions on all of our documents such as letter heads, invoices, facsimiles and other company forms the Terms and Conditions nevertheless have the same binding status between Innovo Healthcare and our Customers as if they were produced in full on each document. Company documents that relate to the provision of goods and services will state (wherever possible) that our goods and services are provided on the basis of these Terms and Conditions and that they are available on request.
Innovo has accepted your request for goods and services on the understanding that all costs and trading terms covered in this document are accepted. These terms and conditions supersede any terms, conditions, waivers or provisos appearing on the Customer’s purchase order,instructions or other documentation.
- Pricing & Quotations
The price charged for goods is the price current at the time of order and is subject to change without notice. Where applicable quotations and estimates provided by Innovo Healthcare in writing remain current for 30 days.
- Terms of Payment
Payment for goods and services must be made in full at the time of purchase and must include all delivery costs.
Innovo Healthcare will deliver the ordered goods in one or more shipments depending on availability. Where the goods are supplied in more than one shipment the Customer must not alter the ordered quantity or refuse to accept delivery of supplied goods. Supplying the goods in more than one delivery is not grounds for cancellation of contract.
Claims for credit for the return or refusal of goods or services for any reason will only be accepted if made in writing within two days of receipt of goods by the Customer or Customer’s agent. If Innovo Healthcare accepts the claim, and at its discretion, the goods must be returned to Innovo Healthcare with all return costs paid by the Customer before any refund will be issued.No refunds will be issued for goods returned without written authorisation from Innovo Healthcare.
- Goods, Services & Sales Taxes
The Customer will pay to Innovo Healthcare any goods,service or sales taxes applicable to the goods and services provided or goods purchased for the Customer whether it falls due during the course of the transaction or becomes payable at a later date. The Customer shall notify Innovo Healthcare in writing of their eligibility for tax exemption in the manner required for the specific tax act at the time of order if an exemption is to be claimed on their behalf.
- Ownership of Goods
Innovo Healthcare retains the title to any goods and materials (the items)until payment has been made in accordance with these terms and conditions and the Customer shall store all items which have not been paid for separately. The Customer shall keep separate records of the proceeds of sale of any items which have not been paid for,bank the proceeds of sale into a separate account, hold the funds on trust for Innovo Healthcare and immediately remit the funds to Innovo Healthcare.Where payment for any items is overdue,the Customer irrevocably authorises Innovo Healthcare to enter the Customer’s premises (or any premises under the control of the Customer) and use reasonable force to recover such items without liability to Innovo Healthcare for loss and the Customer will be liable for the costs associated with recovery. Risk in all goods shall pass to the Customer from the date of delivery to the Customer or the Customer’s agent.
Innovo Healthcare will use its best endeavour to meet delivery schedules. Innovo Healthcare will not be liable for any losses, damages or expenses incurred by the Customer, Customer’s agents or other parties as a result of any delay.
The Customer assumes full responsibility for the accuracy of all information provided to Innovo Healthcare in connection with their order.
As provided for in Australian Law Innovo Healthcare retains ownership of and copyright in all designs, intellectual property and original documentation created by Innovo Healthcare whether held by the Customer or any third party.Such designs may not be used for any purpose other than that for which Innovo Healthcare was contracted without the permission of Innovo Healthcare.
The Customer will indemnify and hold blameless Innovo Healthcare from any damages, costs,or losses that may be suffered as a result of any claim arising directly or indirectly out of the services performed or goods supplied by Innovo Healthcare in connection with this order.The Customer will assume full responsibility for testing and certification of any or all designs to ensure product safety, reliability and fitness for the Customer’s specific purpose.
Any dispute shall be determined according to the laws of the State of South Australia and all proceedings arising there from shall be heard and determined in the Courts of South Australia.
- Death of Customer
The death of the Customer does not end this agreement. The rights and obligations of the Customer shall be considered to have passed onto the Customer’s personal representatives.
If any of these terms and conditions is or becomes wholly or partly invalid that term or condition shall to the extent of the invalidity be removed without prejudice to the continuing validity of the remaining terms and conditions.